Terms of Use for Exicom Apps & other services

1. General

These Terms of Use (the “Agreement”) are entered into between the entity/person using or accessing the Services (the “User” or “You”) and Exicom, India (“Exicom” or “we”), collectively referred to as the “Parties” or each a “Party”.

This Agreement together with the Exicom Privacy Policy govern your use of Spin platform related services operated by Exicom (“Services” ).

Spin Platform Services may include, but are not limited to, mobile applications, web application, remote management tools and/or websites operated by Exicom ( “Spin Ecosystem” or “the Platform”). These Services include all features and functionalities, including but not limited to websites, user portals, mobile applications, Application Programming interfaces (APIs), content, and user interfaces, associated with Spin Ecosystem for electric car drivers and business partners, where users can manage their chargers and charging processes of electric vehicles.

2. Acceptance

By registering for the Services (by creating a user account in the app or portal) and accepting this Agreement you enter into an agreement with Exicom which allows you to use the Services as it is.

Thank you for choosing to install the Spin Control App or create an account in our Spin portals – RMS/CMS and thereby enjoy Spin Ecosystem (Exicom App services).

By downloading and installing the Spin apps or creating an account in our website, you confirm that you are over 18 years of age and agree to these terms of use.

3. Use of the Exicom Services and its available services

To Use Exicom Services, you (Partner or users of Exicom Apps/Products) must create an account in the Spin app or portal. To be able to create an account in App/portal, you need a phone number, full name, an email address and installation address.

In order to use the Spin app’s services for managing the Exicom Chargers it is assumed that you own an Exicom Charger maybe provided by different vendor.

By using the services in the Spin Ecosystem, you get an overview of, and the opportunity to control how you use Spin Apps/Portals. The Spin Ecosystem allows you to make use of free or paid services that may enable features such as:

• Configure and install Exicom Chargers.
• Automatic load balancing between the Exicom Chargers and the home.
• Monitor the health of your charger.
• Remote troubleshooting
• Alarm management
• Start and stop charging.
• See charging status.
• Schedule and Smart charge,
• Adjust charging power and see your consumption history.
• Control and manage access to your charger.
• Renew warranty.
• Upgrade charger (BLE to OCPP)
• Access support services within the app or portal.

4. Electronic communication

By accepting this agreement, you also agree that the agreement is entered into electronically. This also applies to future changes. Furthermore, you accept that based on this user agreement and services you connect to in the app, we communicate with you by e-mail, SMS and also send Push messages in the app. The Communication is strictly limited to update or change in the functionalities of Spin App services.

5. Apps from third parties

The Spin Ecosystem has the functionality that allows integrations of Spin app/Portal with other apps and services developed by third parties. These apps and services may have their own terms of use, technical limitations, privacy statements, etc., which govern your use of these apps. Exicom does not guarantee current or future compatibility with these apps. If you have problems with, or are dissatisfied with, an integration or a third-party app, your rights are limited to disabling the integration and/or uninstalling the third-party app and ceasing to use the services.

6. Your responsibility

You will cooperate with Exicom by providing such information and materials as Exicom may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.

You yourself are responsible for ensuring that the information you provide to Exicom is up-to-date and correct. You are also responsible for ensuring that passwords and login details are handled securely.

In the event of the loss of your charging key or the mobile phone on which the application operated by Exicom has been installed, you shall immediately notify Exicom. We may then take measures to secure your data and, if necessary, block access to your account. If you do not give such notification and the RFID key, or the mobile phone in question remains in illegitimate use, Exicom reserves the right to claim incurred losses as a damage from you in accordance with applicable law. For the sake of clarity, this clause does not constitute additional claims for damages against you as a consumer.

You agree that Exicom retains all rights, title and interest (including all Intellectual Property Rights) in and to the Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of the support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed Exicom’s confidential information) and that Exicom reserves any licenses not specifically granted in this Agreement. You acknowledge and agree that you have no right to obtain a copy of the software behind any of the Services and that Exicom has sole discretion to make updates, bug fixes, modifications, or improvements to the Services from time to time. Exicom reserves the right to change or remove features of the Services from time to time.

7. Liability

The use of the Services is the sole responsibility of the User. The Services are supplied “as is” and may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Agreement.

Nothing in this Agreement shall operate so as to exclude or limit either party’s liability to the other for death or personal physical injury arising out of negligence, fraud or fraudulent misrepresentation.

Exicom shall not be liable concerning any subject matter arising from or related to this Agreement, the Services or regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for; (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these is direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); (iii) any matter beyond its reasonable control; and (iv) any indirect, incidental or consequential loss or damage whatsoever; or (v) damages in the aggregate for all claims in excess of amounts paid to Exicom by the User or partner (hereunder during the 12-month period preceding the date on which the first claim arose), even if Exicom has been advised of the possibility of such damages. These limitations are independent from all other provisions of this Agreement and shall apply notwithstanding the failure of any remedy provided herein.

8. Support Services

Exicom offers Partner support through the Customer Excellence Team. Such support is available Monday to Friday within normal working hours. Exicom will issue support guidelines to the Partner and may be subject to change, depending on the circumstances.

Unless otherwise agreed, the Parties agree that the Partner (Operator) shall provide and maintain all contact and dialogue with its own End Customers and that Exicom Customer Excellence Team shall be second-line support only available to the Partner, not the End Customer.

For sites operated by Exicom, we offer both first- and second line of support directly to end Users of our products. If You own Exicom Charger and need to contact Exicom support for issues detailed in this Agreement, you should do so in writing a support request on respective Spin app or portal.

9. Data Protection

Exicom and our Approved partners, collect and process data pertaining to you for the implementation of the contractual relationship pursuant to the provisions of applicable national data protection legislation. Each party shall comply with its obligations under Data Protection Legislation in respect of personal data processed by it in connection with the Agreement and the Services.

Most of these data are provided by yourself in the Exicom app/portal when you create your account and are generated when you use the service. Your unique identification number (Serial number), contact details, consumption details, and more, may also be transferred to backend CMS/RMS portal for maintenance and support purposes.

You have the right to access, change and delete your personal data as long as Exicom has no legal obligation to keep the data. You can contact us about this at our contact centre number 18005725845/8330083300.

Exicom may use non-personal data collected in the provision of the Services to (i) improve the Services and its other products and services, and (ii) share statistical information with its partners.

For further information, please see our Privacy Policy.

10. Right to use the service

Exicom is the sole owner of all rights belonging to the service and all material published in the Exicom app/Portal. The Materials include, but are not limited to, text, data, apps, digital services, graphics, audio, images, typography, integrations and code, and all documents are distributed through the Exicom App/Portal or on the Website.

11. Limitations in the service

Exicom can, immediately and without prior notice, ban your access to Exicom App Services if public authorities require this or if it is necessary for technical, operational or maintenance reasons. This also applies in emergency situations, including in the event of serious threats to health, safety or the environment, natural disasters, war or war-like conditions, extensive strikes or lockouts, or in the event of a serious risk of sabotage against networks and services.

12. Contract term and termination

The agreement runs until terminated by you or Exicom. We have the right at any time to terminate the agreement or block your access to the Exicom app services, for example if you have or are suspected of having used the Services illegally or have breached the agreement with us.

Regardless of which party terminates the agreement, you agree that, to the extent permitted by applicable law, we have no responsibility or liability to you, and that we will not refund any amount of money you have already paid. You can stop using the services at any time. If you wish to cancel and terminate your user account in the Exicom App/Portal, please contact us by sending an email to evsupport@exicom.in.

13. Changes to the agreement

We may from time to time make changes to the Agreement. Exicom also reserves the right, at its sole discretion, to modify, remove, or add features and functionalities to the user app and the Spin Portal at any time. While we strive to notify you of any significant changes, it is the responsibility of the user to regularly review updates and features of the app and portal. By continuing to use the app and the portal after any such changes, the user signifies their acceptance of the updated or modified features. If you do not wish to continue using the Service under the new version of the Agreement or with other features and functionalities, you may terminate your Agreement by contacting us.

14. Choice of law and disputes

GOVERNING LAW

The Terms and Conditions of Use, its performance and all disputes arising out of or in connection with the Terms and Conditions of Use shall be governed by the laws of India.

ARBITRATION

i. All disputes arising out of or in connection with this Agreement shall be finally referred to arbitration to the Delhi International Arbitration Center (DIAC) which shall appoint One (1) arbitrator in accordance with DIAC Rules. The language of the arbitration shall be English and the venue of the arbitration shall be at New Delhi, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.

ii. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or the Company (or its agents, suppliers, and subcontractors), pending the completion of arbitration.